Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 115(2), 127(2), 191(3), 190 – Rioting armed with deadly weapon/ Sec.190(3) -- Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 140, 142, 351, 52 – Kidnapping or abduction in order to murder or for ransom (Section 140) – Compromise quashing of FIR --  Compromise has been effected between the parties voluntarily and without any coercion or undue influence – No useful purpose would be served to continue with the proceedings before the trial Court in the F.I.R. – FIR and all subsequent proceedings arising therefrom quashed.

(Para 3-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Civil Character cases – Criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

(Para 31)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-B, 420, 409, 467, 468, 471 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(d), 13(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of criminal proceedings – Cheating/ forgery with Bank – Corruption case -- Bank and the accused persons have settled the matter – Borrowers have paid an amount of Rs.3,80,00,000/- under OTS -- After receipt of the amount under OTS, the Bank had also decided to close the loan account -- Dispute involved predominantly had overtures of a civil dispute -- Possibility of conviction is remote and bleak -- High Court ought to have exercised its jurisdiction u/s 482 CrPC and quash the criminal proceedings – Criminal proceedings quashed.

(Para 3.6, 34-39)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Indian Penal Code, 1860 (45 of 1860), Section 420 – Punjab Prevention of Human Smuggling Act, 2012 (2 of 2013), Section 13 – Compromise quashing of FIR -- Human Smuggling – Cheating – Compromise effected between the parties without any pressure or coercion and out of their free will -- FIR and all consequential proceedings quashed.

(Para 3, 5-7)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Section 389, 34 – Compromise quashing of FIR – Putting person in fear of accusation of offence, in order to commit extortion (Section 389 IPC) – Offence for which the accused have been charged are not of serious nature – Compromise will go a long way in ironing out the differences for betterment of future life of the parties – FIR alongwith all consequential proceedings arising therefrom quashed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 307-- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Attempt to murder – Regular bail -- Petitioner was arrested on 06.05.2024 and final report u/s 173 Cr.P.C. presented -- Petitioner is a first offender and there is no material on record to indicate that the petitioner is in a position to tamper with the prosecution evidence -- Further custody of the petitioner will not serve any meaningful purpose – Bail allowed.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 43 -- NDPS Case – Search and seizure – Procedure of -- Material difference between the provisions of Sections 42 and 43 of the NDPS Act is that Section 42 requires recording of reasons for believing and for taking down of information received in writing with regard to the commission of an offence before conducting search and seizure -- While acting u/s 43 of the NDPS Act, the empowered officer has the power of seizure of articles etc., and the arrest of a person, who is found to be in possession of any narcotic drugs and psychotropic substances in a public place where such possession appears to him to be unlawful.

-- A nakka was set up on Highway and at the instance of the secret informer, a truck was stopped and the driver of the truck was apprehended -- State has rightly submitted that the provisions of Section 43 of the NDPS Act would be applicable and provisions of Section 42 of the NDPS Act are held to be not applicable.

(Para 2, 8, 9)

Constitution of India, Article 14 – Contractual employee -- Regularization of service -- Petitioner was appointed as a Driver in 2005 on contract basis -- Service of the petitioner was regularized in the year, 2012 -- Petitioner held entitled to regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date. Covered matter, Vikram Singh’s case 2023 :HHC: 13114 = (2023) Law Today Live Doc. Id. 19595.

(Para 7)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 125(a), 281 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Compromise quashing of FIR -- Rash and negligent driving/ endangering life – Offences alleged to have been committed by petitioner do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- Possibility of conviction is remote and no fruitful purpose would be served in continuing with the criminal proceedings -- FIR as well as consequential proceedings quashed and set aside.

(Para 10, 11)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r) – Indian Penal Code, 1860 (45 of 1860), Section 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Case under SC/ ST Act – Compromise quashing of FIR – FIR along with all subsequent proceedings arising therefrom quashed.

(Para 4)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Conviction in cheque bounce complaint – Compromise quashing of conviction and sentence – Back-out from compromise – Effect of -- As per compromise, the petitioner has already paid Rs.3,00,000/- to the complainant and the complainant pleaded no objection -- Held, resiling from the compromise by the complainant is immaterial and the continuation of the case would be an abuse of the process of the Court -- Petition allowed, complaint alongwith the judgment of conviction and order of sentence quashed on the basis of compromise.

(Para 5-8)

A. Retirement of employee -- Leave encashment – Extension of service -- Carry forward of leave encashment -- Employee retired at the age of 58 years, entitled for maximum of 300 days of leave encashment -- Employee could not apply for extension only to adjust the unutilized earned leaves as only encashment of 300 days is admissible -- Petitioner availed 29 days of leave hence, 21 days leave which is more than the 8 days leave admissible during the extension period, same is to be deducted from the total kitty of 300 days leave.

(Para 10, 11)

B. Delay in retiral benefits – Interest thereupon -- Petitioner retired from service after availing the benefit of extension on 28.02.2017 but her retiral benefits have been released on 27.06.2017 without there being any impediment -- Petitioner held entitled for the grant of benefit of interest on the delayed release of her pensionary benefits @ 6% per annum from the date the same became due till the actual payment of the same.

(Para 13)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Commercial quantity – Regular bail – Rigors of Section 37 of NDPS Act -- Petitioner is in custody for last 1 year and 10 days -- Charges framed on 08.04.2024, out of a total of 18 prosecution witnesses, none has been examined so far -- Trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India -- Rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial – Bail allowed.

(Para 8, 9)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) Section 491, 492, 528 – Constitution of India, Article 21 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 61, 85 – Solitary absence of the petitioner/ accused -- Forfeiture of bail bond -- Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and willful absence -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness --  Petitioner himself come forward and has undertaken to appear before the trial Court on each and every date -- Petition allowed, impugned order set aside.

(Para 10-12)

Hindu Marriage Act, 1955 (25 of 1955), Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Maintenance to wife -- Divorce petition pending – Applicant is to be treated as the legally wedded wife of the respondent till the marriage between them is dissolved by a valid decree of divorce -- Maintenance cannot be denied to her simply on the ground that the respondent has filed a petition for declaring the marriage as a nullity – Husband earning Rs. 2,47,661/- and he was getting Rs.1,38,546/- after the deduction of PF and income tax -- Maintenance of Rs. 25,000/- per month cannot be said to be excessive.

(Para 16, 19)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 77, 115(2), 117(2), 190, 191(2), 351(3), 352 – Voyeurism – Rioting – Compromise quashing of FIR -- Offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/ heinous crime, rather same are petty offences -- FIR as well as consequent proceedings  quashed and set aside.

(Para 10,11)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) – Chatur Varshik Shradh of deceased father of convict – Interim bail -- Rape convict for 10 years -- Denial or curtailment or deprivation of interim release shall defeat the object and intent of reformation, which is the heart and core of criminal justice -- Interim bail granted commencing from 12th October 2024 till 20th October, 2024 with two police personnels.

(Para 5, 6)

Indian Evidence Act, 1872 (1 of 1872), Section 65B – Primary evidence -- Original mobile tendered in evidence -- Certificate u/s 65B of Evidence Act – Requirement of -- Once the plaintiff offered to tender original mobile-phone which is a primary evidence, there was no requirement for certification under Section 65-B of the Evidence Act as the same is contemplated in a situation wherein electronic evidence is being led by way of secondary evidence.

(Para 14)

A. Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Ingredients fulfilled if the suicide is committed by the deceased due to direct and alarming encouragement/ incitement by the accused leaving no option but to commit suicide.

(Para 21)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Quashing of FIR -- Extreme action of committing suicide on account of great disturbance to the psychological imbalance of the deceased such incitement can be divided into two broad categories. First, where the deceased is having sentimental ties or physical relations with the accused and the second category would be where the deceased is having relations with the accused in his or her official capacity.

-- In the case of former category sometimes a normal quarrel or the hot exchange of words may result into immediate psychological imbalance, consequently creating a situation of depression, loss of charm in life and if the person is unable to control sentiments of expectations, it may give temptations to the person to commit suicide -- Relation of husband and wife, mother and son, brother and sister, sister and sister and other relations of such type, where sentimental tie is by blood or due to physical relations.

-- In the case of second category the tie is on account of official relations, where the expectations would be to discharge the obligations as provided for such duty in law and to receive the considerations as provided in law.

Former category leaves more expectations, whereas in the latter category, by and large, the expectations and obligations are prescribed by law, rules, policies and regulations -- It is for the police and the courts of law to look into the matter and see that the persons against whom allegations have been levelled are not unnecessarily harassed or they are not put to trial just for the sake of prosecuting them.

(Para 10-22)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 107, 306 -- Abetment of suicide – Deceased humiliated in the official meeting -- Quashing of FIR – Inherent jurisdiction of High Court – Appellant-Senior officers convened a meeting with the employees of the company -- Company wanted around fifty to sixty office employees to opt for Voluntary Retirement Scheme (VRS) --  Alleged that in the course of the meeting the deceased was humiliated by the appellants & he felt very bad about it and he committed suicide – No case against the appellants made out – Appeal allowed, Criminal proceedings quashed.

(Para 4, 23-26)

Code of Criminal Procedure, 1973 (2 of 1974), Section 437, 438 – Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120B -- Anticipatory bail -- Onerous condition -- Court can impose necessary, just and reasonable conditions while enlarging an accused on bail -- Any other condition not specified u/s 438 Cr.P.C. may also be imposed by the Court, but the other conditions, which may be imposed, must be ejusdem generis as the condition specified u/s 438 Cr.P.C.  -- Condition of tendering a FDR of Rs. 3,90,00,000/- on the case file by the petitioners was highly unwarranted, unreasonable and onerous and is liable to be set aside – Condition set aside.

(Para 10-17)

Constitution of India, Article 14 – Regularization of service -- Discrimination -- Parity -- Delay and laches – Plea of petitioners is based on discrimination which is violative of Article 14 of the Constitution of India -- If there is an infraction of Article 14 of the Constitution of India then petition cannot be dismissed on the ground of delay and laches. K. Thimmappa and others’s case, 2001 (2) SCC 259, relied -- Similarly situate counterparts had been appointed earlier with respect to whom parity sought, deserves to be allowed -- Respondent-Corporation will have to uniformly regularize contractual appointees after one year --  Petitioners are held entitled for regularization from the date of completion of one year contractual service after initial appointment, with all consequential benefits from the due date.

(Para 23-29)

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Residential building as commercial -- Once the appellant/ tenant himself is running a commercial activity at the spot, he cannot complaint on this ground.

(Para 6-9)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Subsequent eviction petition – Bonafide need – Arrears of rent – Recurring cause of action -- In eviction petition, the ground of bonafide requirement and non-payment of rent are recurring causes and that landlord is not precluded from instituting fresh proceedings -- Merely because the earlier ejectment petitions filed in 2001 were  dismissed in 2005, cannot be ground to reject the subsequent petitions, which have been filed in March, 2010 i.e. more than 08 years from the date of filing of the earlier ejectment petitions.

(Para 14-16)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Ownership/ Use and occupation of other building --  Landlord is not obliged to disclose premises, which are not in his occupation -- Property not in occupation of the landlord must be distinguished from the owned properties and that if the property is not in occupation, no disclosure is necessary.

(Para 19, 20)

D. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Presumption -- It is not for the tenant to dictate to the landlord about her/ his bonafide necessity -- If a landlord asserts that he requires the tenanted premises to expand the business, his need must be presumed as bonafide.

(Para 29)

E. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 – Bonafide need – Old age of landlady -- Simply because the landlady has grown old, cannot be a ground to reject the ejectment petition , once she has proved her bonafide necessity.

(Para 32)

F. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15 – Bonafide need – Concurrent finding of fact – Power of Revisional court:

-- Revisional power of the High Court under Section on 15(6) of the Rent Act is not appellate power and so, the high court cannot reappreciate the evidence on record, whether oral or documentary only because it is inclined to take a different view of facts as it were a court of facts.

-- High Court can interfere with the findings of fact arrived at by the Rent Controller/ Appellate Authority, only if it finds that the said finding on the question of bonafide requirement is either perverse or arbitrary, or there is illegality or perversity of such a nature that it demands interference.

(Para 33-37)

Wild Life (Protection) Act, 1972 (53 of 1972), Section 9, 39, 48, 50, 51 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Recovery of elephant tusk – Regular bail -- No expert opinion at this stage -- Applicant has no criminal history – Bail allowed.

(Para 3-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (l), 6– Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376 (2) (n), 376 (3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 164, 439 -- POCSO – Rape – Regular bail – In statement u/s 161 and 164 of Cr.P.C., victim stated that the victim and the applicant both were in relationship and their relations were consensual – State submitted that the victim is a minor – Bail allowed.

(Para 4-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (n), 6 – Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376(3), 376 (2)(n) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 -- POCSO – Rape – Regular bail – Applicant submitted hat the victim in her examination u/s 164 of the Cr.P.C. has stated that she was known to the applicant and she on her own left her house and joined the company of the applicant and they did not establish any physical relationship -- These facts admitted by State -- Bail allowed.

(Para 4-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Regular  bail -- Recovery of 3.17 Kg. of charas – Sample was not taken from each piece or each strip, 100 gram sample was randomly taken -- It cannot be said that each sample is the representative sample of the allegedly recovered quantity of the applicant -- Bail allowed. Gaunter Edwin Kircher’s case (1993) 3 SCC 145 relied.

(Para 4-9)

Specific Relief Act, 1963 (47 of 1963), Section 16 -- Limitation Act, 1963 (36 of 1963), Section 27, Article 65 -- Suit for specific performance -- Agreement to sell -- Adverse possession – Plea of – Permissive possession -- Once the defendant himself pleaded that he is in possession under the agreement to sell and to retain possession relies on the part performance of contract to sell, he cannot plead adverse possession – Held, possession of a proposed vendee  under agreement to sell always is a permissive possession under the vendor till he pleads and proves that he gave up the permissive possession and re-entered into possession which was open and hostile to the knowledge of the true owner.

(Para 3, 28)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 21 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376, 506 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – POCSO – Rape – Regular bail -- Petitioner is behind bars since 4.9.2022 – One is deemed to be innocent, till the time, his/her guilt is proved in accordance with law -- Guilt, if any, of the bail petitioner is yet to be proved in accordance with law -- No reason to let the bail petitioner incarcerate in jail, for an indefinite period, especially when co-accused stands enlarged on bail – Bail allowed.

(Para 1, 22-29)

A. Constitution of India, Article 226 -- Writ petition – Suppression of facts -- Deliberate suppression of relevant particulars, which were adverse to the claim -- The filing of the writ petition was, therefore, nothing short of an abuse of process and did not warrant examination on merits and liable to be non-suited on this short ground -- If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition should be dismissed at the threshold without considering the merits of the claim. K.D. Sharma’s case (2008) 12 SCC 481 relied.

(Para 12)

B. Constitution of India, Article 226 -- Writ petition – Delay and laches -- Cause of action arose in the year 1973, when the Union of India and the Defence department allegedly stopped paying rental compensation – Writ petition in the year 2006 -- A writ petition should be preferred within reasonable time -- Writ petition dismissed.

(Para 13-18)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15(5) -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Eviction petition -- Discovery of documents -- A party cannot be compelled to produce the document if he/ she/ they were to contend that the original document was not in their custody -- Rent Controller rightly observed that an “appropriate inference would be drawn at appropriate stage for non-production of original documents” -- Said observation is in accordance with law.

(Para 6)

East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13, 15(5) -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17 – Eviction petition -- Amendment of written statement -- Case was at the stage of tenants’ evidence, when the application for amendment of written statement was moved – Tenant stated that he had recently come to know about another double storey commercial building to be belonging to the landlords – Held, in case, the tenant finds that landlord has any other property in his occupation, he can produce necessary evidence in this regard, for that purpose, amendment of the written statement is not required – Amendment declined.

(Para 5-7)

Code of Civil Procedure, 1908 (V of 1908), Order 17, 18 – Cross-examination of plaintiff – Deliberate delay – Trial court declined prayer to cross-examine the plaintiff – Deliberate attempt on the part of petitioner-defendant No.2 to delay the proceedings -- Impugned order passed by the trial Court cannot be said unjustified -- Although, there is no justification for setting aside the impugned order, in the interest of justice, trial Court directed to provide one opportunity to him to cross-examine PW1/ plaintiff subject to costs of Rs.50,000/- payable to plaintiff-respondent.

(Para 5, 6)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 – Written statement not filed on time -- Defence struck off -- Petitioner/ defendant is single mother, who was unable to engage the counsel, due to which she could not file the written statement -- Trial Court directed to provide only one opportunity to the petitioner to file the written statement subject to cost of Rs.10,000/- payable to the respondents-plaintiffs.

(Para 1-4)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 1, 10 – Written statement not filed on time -- Defence struck off -- Despite more than one year, the written statement was not filed -- There was lapse on the part of the defendants in not filing the written statement but request made for granting only one opportunity to file written statement -- Case is still at the stage of plaintiff’s evidence and not even a single witness has been examined -- Trial Court directed to provide only one opportunity subject to cost of Rs.10,000/- payable to the respondents-plaintiff.

(Para 6, 7)

Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 – Suit for mandatory injunction – Impleadment of Vendor as party -- Petitioner/ plaintiff purchased suit property -- However, the neighbours raised dispute as to whether the property was part of khasra number or part of Lal Lakir -- Plaintiff filed a suit for mandatory injunction against the sub-Registrar/ Tehsildar to disclose the particulars of the property -- Said defendant was proceeded ex parte -- Trial court dismissed the application for impleading Vendor as party – Impugned order set aside as the vendors of the plaintiff are proper party to the suit -- Trial Court directed to permit the plaintiff to implead his vendors as a party to the suit and then proceed further in accordance with law.

(Para 1, 2)

Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint – Application pending since 2019 in civil suit of 2018 -- Though the reply to the application was filed by the plaintiff on 25.03.2019 but the said application has not been disposed of in the last more than 05 years -- Trial Court directed to dispose of the pending application under Order VII Rule 11 CPC within next two months positively.

(Para 1-3)

Code of Civil Procedure, 1908 (V of 1908), Section 96, 151, Order 41 Rule 27 –  Rent appeal – Application for additional evidence – Pendency of -- Appellate Authority has to consider the application under Order 41 Rule 27 CPC and decide the same either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal, which has not been done -- Judgment of the Appellate Authority set aside, case remanded back to the Appellate Authority.

(Para 4)

Waqf Act, 1995 (43 of 1995), Section 6, 7, 83 – Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 11 -- Waqf property – Jurisdiction of Waqf Tribunal -- Gair Mumkin Khangah and Takia -- Tribunal decided the issue of jurisdiction and held that the question of title would be decided by the Collector under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961, however decided the other issued on merits – Tribunal would not be excluded from adjudicating the matter -- Tribunal having held that it did not have the jurisdiction to try and decide the suit, the findings on merits on other issues could not have been rendered by it -- Impugned judgment and decree passed by the Tribunal set aside and the matter remanded to the Tribunal for decision afresh in accordance with law.

(Para 1, 3, 6-8)

Code of Civil Procedure, 1908 (V of 1908), Section 47, Order 21 -- Constitution of India, Article 227 – Expeditious disposal of execution petition -- Warrants of possession not executed -- Despite the Decree Holder (DH) being present, none came for execution of the warrants of possession -- Objections filed by the judgment debtor dismissed, however, second objections have been filed – Revision petition disposed off with a request to the Executing Court not to grant any unnecessary adjournments and to decide the execution application pending before it expeditiously and in accordance with law.

(Para 2, 3)

A. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Landlord -- Tenant -- Gair marusi tenant -- Merely because appellant is recorded as ‘Gair Maurusi’ in the revenue record, does not mean that he is a tenant over the suit property – There can be no tenancy unless there is a condition of payment of rent, though the rent may be payable in cash, kind or service etc. -- Held, it is inconceivable that there can be any tenancy without the condition of payment of rent, unless there is a contract to the contrary, absolving the tenant the liability to pay rent.

(Para 14, 15)

B. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Gair marusi tenant – Trespasser -- Adverse possession -- A party to the litigation cannot be allowed to take contrary stands to suit his convenience -- When in the earlier two litigations, it was ordered by the courts that appellant could be dispossessed in due course of law, he changed the stand in next litigations taking contrary plea that he had become owner of suit property by adverse possession -- In none of the earlier litigations decided earlier, he has been held to be tenant in the suit land, though his plea of possession has been upheld with further direction that he cannot be dispossessed except in due course of law – No evidence that tenancy was ever created and as such, his possession over the suit land is nothing less than that of a stranger / trespasser.

(Para 19)

C. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 9 --  Tenant of land – Eviction -- Jurisdiction of civil court --  When the person is inducted as a tenant on payment of rent and the rent is not paid --  Civil Court will not have jurisdiction and the landlord will have to seek his remedy before the Revenue Authorities to seek ejectment of such tenant or a tenant holding over, under the provisions of Punjab Tenancy Act, 1887 to be read with the provisions Punjab Security of Land Tenure Act.

(Para 22)

D. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 9 --  Gair marusi tenant – Suit for possession – Jurisdiction of civil court --  When the possession of person concerned on the suit land is without payment of rent, such as person is no more than a stranger or trespasser over the suit property -- In such a situation, his possession, howsoever long it may be, cannot be considered in the capacity of tenant in view of the definition of ‘landlord’, ‘tenant’ and ‘rent’ -- In this eventuality, it is only the Civil Court, which will have the jurisdiction to pass the decree of possession in favour of the landlord – Suit for possession decreed.

(Para 22, 23)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B, 420, 468, 471 -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(2), 13(1)(d) – Cheating and forgery – Corruption case – Compromise quashing of FIR -- Matter compromised between the borrowers and the Bank -- Upon payment of the amount under the OTS, the loan account of the borrower has been closed -- Only question would be, as to whether the continuation of the criminal proceedings against the present appellants would be justified or not -- In Special Leave Petition (Criminal) No.4353 of 2018, it was held that when the matter has been compromised between the borrower and Bank, the continuation of the criminal proceedings would not be justifiable – Criminal proceedings quashed.

(Para 3, 14-17)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Compromise quashing of FIR – Matrimonial dispute – Financial matters -- In the matters arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court should exercise its powers under Section 482 CrPC for giving an end to the criminal proceedings.

(Para 15)

A. Code of Civil Procedure, 1908 (V of 1908), Section 47, Order 21 -- Execution of Decree -- Judgment debtor/ Society placed on record the evidence in the form of allotment letters, revealing that allotment was made in the name of five persons as mentioned in para No.2 of the affidavit as desired by the decree-holder -- Petitioner cannot be allowed to approbate and reprobate -- She is estopped so as to make any claim regarding non allotment of plots -- This claim rightly rejected by the Executing Court.

(Para 16-18)

B. Code of Civil Procedure, 1908 (V of 1908), Section 47, Order 21 -- Execution of Decree -- Petitioner-decree holder contends that the Society was bound to allot two plots as per the compromise -- No such claim was made by the decree holder in the execution, which has filed in 2009 -- Executing court was not in seisin of the matter regarding the non-allotment of the plots as per the compromise -- No allegation on the part of the decree holder regarding the non-allotment of plots – Executing Court rejected the claim – No reason to interfere in the well-reasoned order passed by the Executing Court, revision dismissed.

(Para 19)

Constitution of India, Article 14 -- Public appointments – Waiting list for one year – Visually impaired category -- In case the appointments are not offered to the candidates for more than a period one year, the purpose of preparation of waiting panel will be rendered useless -- It will be providing a handle to such authorities to act arbitrarily -- Respondents cannot be allowed the benefit of their own wrongs, more particularly when a serious prejudice to the right of the appellants is the consequence -- Appeal allowed, fresh advertisement qua visually imparted category quashed, respondents directed to fill up the vacancies from the waiting list.

(Para 3, 14-20)

A. Evidence law -- Injured eye-witnesses -- Sworn testimonies provided by injured witnesses generally carry significant evidentiary weight -- Such testimonies cannot be dismissed as unreliable unless there are pellucid and substantial discrepancies or contradictions that undermine their credibility -- If there is any exaggeration in the deposition that is immaterial to the case, such exaggeration should be disregarded; however, it does not warrant the rejection of the entire evidence.

(Para 12)

B. Indian Penal Code, 1860 (45 of 1860), Section 34 -- Common intention -- There cannot be a fixed timeframe for formation of common intention -- It is not essential for the perpetrators to have had prior meetings to conspire or make preparations for the crime -- Common intention to commit murder can arise even moments before the commission of the act -- Since common intention is a mental state of the perpetrators, it is inherently challenging to substantiate directly -- Instead, it can be inferred from the conduct of the perpetrators immediately before, during, and after the commission of the act.

(Para 19)

C. Indian Penal Code, 1860 (45 of 1860), Section 34, 302 – Murder -- Common intention -- Appellants are related by blood, arrived at the crime scene armed with a 12 bore double-barrel gun, dangs, and lathis within 15 minutes of the initial altercation, and subsequently attacked P.W.3, P.W.4, P.W.5, and the victims -- During this attack, A-4, the father of A-1, raged by the incident of P.W.3 slapping his adult son A-1 and the pursuant altercation, fired with his gun at P.W.3, P.W.4, P.W.5 and the victims -- Thereafter, all the appellants fled together carrying their weapons -- It is evident that the appellants acted with a common intention to kill, seeking to avenge the slapping incident.

(Para 20)

D. Indian Penal Code, 1860 (45 of 1860), Section 34, 149 -- Common intention – Common object -- Determination of common intention or common object should primarily be within the domain of the trial courts, and at the most the high courts -- It should not be the role of Supreme Court to directly adjudicate issues of common intention and common object.

(Para 21)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 216, 464 – Non-framing of charge -- Failure of justice -- No finding, sentence or order by a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in an appeal, confirmation or revision, a claim of "failure of justice" has been substantiated.

-- Law is well-settled that in order to judge whether a failure of justice has been occasioned, it will be relevant to examine whether the accused was aware of the basic ingredients of the offence for which he is being convicted and whether the main facts sought to be established against him were explained to him clearly and whether he got a fair chance to defend himself.

(Para 24, 25)

F. Evidence law – Independent witness -- It is settled law that examination of independent witness is not an indispensable requisite if the testimonies of other witnesses are deemed trustworthy and reliable --  Prosecution's case cannot be dismissed solely on the ground of the absence of independent witness.

(Para 29, 30)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 121 -- Partition of land – Value and location of land -- It is well-settled that besides the possession of the co-sharers over the portions in the joint land holding, the value and location as well as the nature of such land have also to be taken into consideration at the time of affecting the partition so that all the co-sharers get the portions of the land without any prejudice to their entitlement as per their respective shares in the total land under partition.

(Para 8)

B. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 121 -- Partition of land – Value and location of land -- Entire portion of the subject land abutting the road allocated to the appellants – Respondent No.5 has not been given even an inch of land out of the same which, by no stretch of imagination, can be termed to be justified and equitable at all.

(Para 8)

A. Constitution of India, Article 14 – Regularization of employee – Retrospective regularisation at par with junior -- Merely because High Court or the Supreme Court had not fixed any date for grant of benefit of regularization to the petitioners, the State Government is not absolved from its duty to grant the petitioner benefits at par with similarly situated persons -- State Cabinet has taken a decision to grant benefit of regularization to the petitioners prospectively, the same cannot be a valid reason to discriminate the petitioners.

(Para 20)

B. Constitution of India, Article 14, 16 – Regularization of Primary Assistant Teachers (PAT) -- Intelligible differentia – All the Incumbents under the PAT, GVU and Para Teachers Schemes formed a single class, keeping in view the object behind their appointments and treatment given to them by the State Government -- Exclusion of petitioners by not conferring upon them the benefit of regularization on completion of 8/10 years of service, as has been done in the case of GVU and Para Teachers, amounts to creation of a class without there being any intelligible differentia -- Since, the respondents have already granted such benefit to the Para Teachers w.e.f. 18.12.2014, the respondents directed to regularize the services of the petitioners with all consequential benefits from that date i.e. 18.12.2014.

(Para 21, 22)

Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 6A-6G, Section 11, 96, 100 – Civil suit -- Counter claim – Res-judicata -- Maintainability of one appeal -- Ld. trial Court decided Civil Suit, as well as, counter-claim, whereas, the appellant/ defendants had filed only one appeal, which had been dismissed, by the learned First Appellate Court --  Non-filing of the appeal, against the counter-claim, not only amounts to res judicata, but, also waiver and estoppel -- Second appeal is held to be not maintainable.

(Para 22-25)

Court-fees Act, 1870 (7 of 1970), Section 7 – Sale deed – Challenge to -- Ad-valorem court fee -- Neither the plaintiff is executant of the sale deed nor has sought possession -- Being a non-executant, plaintiff can avoid the sale deed and thus, is not required to affix ad valorum Court fee on the value of the property.

(Para 10)

Haryana Land Revenue Act, 1887 (XVII of 1887), Section 116, 121 -- Mode of partition – Sanad takseem/ Instrument of partition -- Challenge to – Ground of -- Since the sanctioned mode of partition was never challenged by the petitioners and had attained finality, the petitioners can question the final partition only on the ground that the same is not in consonance with mode of partition.

(Para 7.2)

Indian Penal Code, 1860 (45 of 1860), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 211 -- Attempt to murder – Simple injuries – Effect of -- Question of intention to kill or the knowledge of death in terms of Section 307, IPC is a question of fact and not one of law – Minor nature of injuries is not sufficient reason to not frame a charge u/s 307 IPC.

(Para 14-16)